Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of India amidst intense controversy, debate and protest on many of its provisions by Child Rights fraternity.Juvenile justice act 2015
- Passed in 2015
- Provides steps for adopting orphaned, abandoned, surrendered children
- Creates permanent legal relationship between child and adoptive parents
- A couple/single parent can adopt
- Single male can't eligible to adopt a girl child
- Specified parents' age eligibility criteria
- Online application to be filed on www.carings.nic.in
- Home study of parents by specialised adoption agency
- Petition to be filed in court to complete adoption process
- Court reviews the relevant documents
- Ensures compliance of procedures
- Proceedings to be completed within two months after application is filed
Issues with the 2015 Act
- Currently, there are 629 adoption cases pending in various courts. In order to expedite adoption proceedings, the Bill transfers the power to issue adoption orders to the district magistrate. An issue to consider is whether the level of pendency justifies shifting the load to the district magistrate.
- Adoption of a child is a legal process which creates a permanent legal relationship between the child and adoptive parents. Therefore, it may be questioned whether it is appropriate to vest the power to issue adoption orders with the district magistrate instead of a civil court.
New Amendments : the 2018 act
- The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2018, revises the provisions governing adoptions in the JJ Act by making changes to Section 56,58, 59, 60, 61, 63, 64 and 65,
- work load from “court” has been changed by “District Magistrate.”
- The changes are applicable for both domestic and international applications.
- The bill also proposes the transfer of all adoption cases in various courts to the District Magistrates concerned.
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